75R9563 CAS-F                           

         By Hilbert                                            H.B. No. 3339

         Substitute the following for H.B. No. 3339:

         By Howard                                         C.S.H.B. No. 3339

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to dismissal of a condemnation proceeding.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 21.019, Property Code, is amended to read

 1-5     as follows:

 1-6           Sec. 21.019. DISMISSAL OF CONDEMNATION PROCEEDINGS.  (a)  A

 1-7     party that files a condemnation petition may move to dismiss the

 1-8     proceedings, and the court shall conduct a hearing on the motion.

 1-9     The court may grant the motion only if the court determines that

1-10     the property owner's interest will not be materially affected by

1-11     the dismissal.  A  [However, after the special commissioners have

1-12     made an award, in an effort to obtain a lower award a] condemnor

1-13     may not dismiss the condemnation proceedings merely to institute

1-14     new proceedings that involve substantially the same condemnation

1-15     against the same property owner solely to obtain a lower

1-16     condemnation award.

1-17           (b)  If a [A] court dismisses [that hears and grants a motion

1-18     to dismiss] a condemnation proceeding, the court [made by a

1-19     condemnor under Subsection (a)] shall make an allowance to the

1-20     property owner for the value of the condemnor's use of the property

1-21     while in possession of the property, any damage that the

1-22     condemnation has caused to the property owner, and any expenses the

1-23     property owner has incurred in connection with the condemnation,

1-24     including reasonable and necessary fees for attorneys[, appraisers,

 2-1     and photographers and for the other expenses incurred by the

 2-2     property owner to the date of the hearing].

 2-3           [(c) A court that hears and grants a motion to dismiss a

 2-4     condemnation proceeding made by a property owner seeking a judicial

 2-5     denial of the right to condemn or that otherwise renders a judgment

 2-6     denying the right to condemn may make an allowance to the property

 2-7     owner for reasonable and necessary fees for attorneys, appraisers,

 2-8     and photographers and for the other expenses incurred by the

 2-9     property owner to the date of the hearing or judgment.]

2-10           SECTION 2.  The changes in law made by this Act apply only to

2-11     dismissal of a condemnation proceeding for which a motion is made

2-12     on or after the effective date of this Act.  Dismissal of a

2-13     condemnation proceeding for which a motion is made before the

2-14     effective date of this Act is governed by the law in effect at the

2-15     time the motion was made, and that law is continued in effect for

2-16     that purpose.

2-17           SECTION 3.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended,

2-22     and that this Act take effect and be in force from and after its

2-23     passage, and it is so enacted.